What is the test for a motion to dismiss?
California, United States of America
The following excerpt is from People v. Martinez, 57 Cal.App.4th 166, 67 Cal.Rptr.2d 55 (Cal. App. 1997):
A trial court has discretion to hear a pretrial speedy trial motion to dismiss either before or after trial. (People v. Abraham (1986) 185 Cal.App.3d 1221, 1225-1226, 230 Cal.Rptr. 325.) A trial court may conclude that the motion to dismiss is best considered after trial, at [57 Cal.App.4th 174] which time it has the opportunity to determine whether material witnesses were missing or had poor memories or there was other prejudice caused by post-complaint delay in the context of the case as a whole.
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